Section 40

Where an application has been accepted and— the registrar shall register the trade mark, unless it appears to him having regard to matters coming to his notice since the application was accepted that the registration requirements (other than those mentioned in section 5(1), (2) or (3)) were not met at that time. no notice of opposition is given within the period referred to in section 38(2), or all opposition proceedings are withdrawn or decided in favour of the applicant, A trade mark shall not be registered unless any fee prescribed for the registration is paid within the prescribed period. If the fee is not paid within that period, the application shall be deemed to be withdrawn. A trade mark when registered shall be registered as of the date of filing of the application for registration; and that date shall be deemed for the purposes of this Act to be the date of registration. On the registration of a trade mark the registrar shall publish the registration in the prescribed manner and issue to the applicant a certificate of registration.

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Source: legislation.gov.uk · retrieved 2026-09-04